In a contentious decision by the California Board of Parole Hearings, David Allen Funston, a 64-year-old convicted child molester, has been granted elderly parole. Funston was convicted in 1999 on 16 counts of kidnapping and child molestation for crimes committed against children from 1995 to 1996. The individuals affected were as young as three, and at least eight children testified against him, providing chilling accounts of their ordeals.
The parole board's approval follows Funston's sentence of over 20 years and three consecutive 25-to-life terms. Under the state's elderly parole rules, inmates who are 50 or older and have served at least 20 continuous years may be considered for release. This consideration includes an assessment of potential risks to public safety. The elderly parole eligibility was expanded in 2021 under legislation signed by Governor Gavin Newsom, which now includes inmates like Funston.
Critics of the decision argue that this serves as a "Get Out of Jail Free" card for convicted child molesters and have called into question the prudence of Governor Newsom's legislative changes. Anne Marie Schubert, the former deputy district attorney for Sacramento County who prosecuted Funston's case, expressed her vehement opposition to his potential release. Schubert has suggested that Funston's history makes him a suitable candidate for civil commitment under the state's sexually violent predator law due to his predatory behavior and repeated use of force.
While the parole board has approved Funston's release, he is not yet free. The next step could involve SVP screening, entailing clinical evaluations and possible court hearings to decide whether civil commitment is warranted. Survivors of Funston's crimes and Schubert are advocating for this process, aiming to reduce the risk he may pose.
The ruling has reignited outrage among the victims and the wider community, with one survivor labeling Funston as a "monster." There are concerns that the decision could erode public trust in the justice system and potentially endanger children. The California Department of Corrections and Rehabilitation has not announced an estimated release date for Funston, who remains incarcerated at the California Institution for Men in Chino.
The case underscores the tensions inherent in elderly parole provisions and the imperative to ensure community safety. The debate over the application of parole rules to elderly inmates with violent sexual offenses continues, with cases like Funston's highlighting the difficulty of balancing legal guidelines with the imperative to protect society's most vulnerable.
